Help Needed.. I need to travel, Question about AP

[konvav]

Hi,

I have valid H1 visa status till 2006 feb, my 485 is pending and I want to travel abroad, need to buy tickets today before the booking is closed. my 140 approved on 28th april 05.

I see in I-131 form, on second page.

NOTE: If you are in the United States and wish to travel
abroad, you do not need to apply for advance parole if both
conditions described below in numbers 1 and 2 are met:

1. You are in one of the following nonimmigrant categories:

a. An H-1, temporary worker, or H-4, spouse or child of an H-1; or
b. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
c. A K-3, spouse, or K-4, child, of a U.S. citizen; or
d. A V-2, spouse, or V-3, child, of a lawful permanent resident; and
2. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with the CIS.


However, upon returning to the United States, you must
present your valid H, L, K or V nonimmigrant visa and
continue to remain eligible for that status.


Based on this can I travel without having AP?? Please help me on this. I greatly appreciate your help..

Thanks

 

[max2k1]

You can travel without AP if you have a valid visa stamp on your passport.
Merely having H status is not sufficient. (if you only have H status, you need to apply for a new visa stamp abroad & the enter the US based on that)

I see that you are EB3 with a PD in 2003 -- are you from India/China ?
If so your PD is not current & you have no risk of getting 485 approval when you are away - which is good in this case.

So if you have a valid H1 visa stamp, you can travel based on that. Keep a copy/original of the 485 receipt notice -- not strictly required, but good to have. Also keep your A# just in case

Enjoy.

 

[konvav]

Thank you max2k1 for the quick reply
I am from India. my PD is retrogressed anyways. But Just wondering if something magic happens when I am in India.. I am just worried about it...

I have valid visa stamp on my passport based on my present employer H1.

Thank you once again..